C.D.S. DIVERSIFIED, INC. v. FRANCHISE FINANCE CORP.

No. CV-89-2887(ADS).

757 F.Supp. 202 (1991)

C.D.S. DIVERSIFIED, INC., a corporation of the State of New York, Claude Shipman and Roland Davis, Plaintiffs, v. FRANCHISE FINANCE CORPORATION OF AMERICA, Ticor Title Insurance Company, United Guaranty Insurance Company and FFCA/IIP 1985 Property Company, Defendants.

United States District Court, E.D. New York.

March 4, 1991.


Attorney(s) appearing for the Case

Bythewood & Associates, Garden City, N.Y. (Norman St. George-Henry, of counsel), for plaintiffs.

Kutak Rock & Campbell, Washington, D.C. (Jill A. Pietrowski, F. Joseph Warin, of counsel), for defendant Ticor Title Ins. Co. of California.


OPINION AND ORDER

SPATT, District Judge.

May the Court assert pendent-party jurisdiction over a defendant in a diversity action when the amount in controversy on the claim asserted against that defendant is concededly below the requisite jurisdictional amount?

For the reasons that follow, this Court is of the view that it may not.

I. FACTUAL BACKGROUND

The following facts are derived from the plaintiffs' amended complaint:

...

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